Executive Summary - SF Planningcommissions.sfplanning.org/cpcpackets/2014.1547C.pdf“Regalito”....

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www.sfplanning.org Executive Summary Conditional Use HEARING DATE: JANUARY 8, 2015 CONSENT CALENDAR Date: December 31, 2014 Case No.: 2014.1547C Project Address: 3481 18TH STREET Zoning: RTO-Mission (Residential, Transit Oriented-Mission Neighborhood) Mission Alcoholic Beverage Special Use District 55-X Height and Bulk District Block/Lot: 3589/145 Project Sponsor: David Cumby 351 9 th Street Ste. 301 San Francisco, CA 94103 Staff Contact: Kimberly Durandet – (415) 575-6816 [email protected] Recommendation: Approval with Conditions PROJECT DESCRIPTION The Project Sponsor proposes to extend the permitted hours of operation for an existing restaurant d.b.a. “Regalito”. Current hours of operation are Monday through Friday from 5:00pm to 10:00pm; Saturday and Sunday from 11:00am to 10:00pm. The Project Sponsor proposes daily hours of operation from 9:00am to 10:00pm. No expansion to seating or other changes are proposed. SITE DESCRIPTION AND PRESENT USE The project site is a 2,125 square foot lot located on the south side of 18th Street, between Valencia and Lexington Streets. The lot is flat and has approximately 25 feet of frontage on 18th Street and lot depth of 85 feet. The property is developed with a ground floor commercial unit and one residential unit on the second floor. The ground floor commercial unit is approximately 1,376 square feet and is authorized as a Limited Commercial Use currently operating as a restaurant (d.b.a. “Regalito”). The restaurant contains an outdoor seating area. The property is located within the RTO-Mission (Residential, Transit-Oriented- Mission Neighborhood) Zoning District and a 55-X Height and Bulk District. SURROUNDING PROPERTIES AND NEIGHBORHOOD The surrounding properties in the neighborhood are located within the RTO-Mission (Residential, Transit Oriented-Mission Neighborhood), RH-3 (Residential House, Three-Family), Valencia NCT (Neighborhood Commercial Transit), and Mission NCT Districts. The surrounding area consists of single, two, and three-family residential buildings as well as commercial and a few industrial buildings which are predominately used as auto repair facilities. The NCT Districts contain a mixture of food and

Transcript of Executive Summary - SF Planningcommissions.sfplanning.org/cpcpackets/2014.1547C.pdf“Regalito”....

Page 1: Executive Summary - SF Planningcommissions.sfplanning.org/cpcpackets/2014.1547C.pdf“Regalito”. Current hours of operation are Monday through Friday from 5:00pm to 10:00pm; Saturday

www.sfplanning.org

Executive Summary Conditional Use

HEARING DATE: JANUARY 8, 2015 CONSENT CALENDAR

Date: December 31, 2014

Case No.: 2014.1547C

Project Address: 3481 18TH STREET

Zoning: RTO-Mission (Residential, Transit Oriented-Mission Neighborhood)

Mission Alcoholic Beverage Special Use District

55-X Height and Bulk District

Block/Lot: 3589/145

Project Sponsor: David Cumby

351 9th Street Ste. 301

San Francisco, CA 94103

Staff Contact: Kimberly Durandet – (415) 575-6816

[email protected]

Recommendation: Approval with Conditions

PROJECT DESCRIPTION

The Project Sponsor proposes to extend the permitted hours of operation for an existing restaurant d.b.a.

“Regalito”. Current hours of operation are Monday through Friday from 5:00pm to 10:00pm; Saturday

and Sunday from 11:00am to 10:00pm. The Project Sponsor proposes daily hours of operation from

9:00am to 10:00pm. No expansion to seating or other changes are proposed.

SITE DESCRIPTION AND PRESENT USE

The project site is a 2,125 square foot lot located on the south side of 18th Street, between Valencia and

Lexington Streets. The lot is flat and has approximately 25 feet of frontage on 18th Street and lot depth of

85 feet. The property is developed with a ground floor commercial unit and one residential unit on the

second floor. The ground floor commercial unit is approximately 1,376 square feet and is authorized as a

Limited Commercial Use currently operating as a restaurant (d.b.a. “Regalito”). The restaurant contains

an outdoor seating area. The property is located within the RTO-Mission (Residential, Transit-Oriented-

Mission Neighborhood) Zoning District and a 55-X Height and Bulk District.

SURROUNDING PROPERTIES AND NEIGHBORHOOD

The surrounding properties in the neighborhood are located within the RTO-Mission (Residential, Transit

Oriented-Mission Neighborhood), RH-3 (Residential House, Three-Family), Valencia NCT

(Neighborhood Commercial Transit), and Mission NCT Districts. The surrounding area consists of

single, two, and three-family residential buildings as well as commercial and a few industrial buildings

which are predominately used as auto repair facilities. The NCT Districts contain a mixture of food and

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Executive Summary CASE NO. 2014.1547C

Hearing Date: January 8, 2015 3481 18th

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beverage establishments, personal services, small retail establishments, and other commercial uses. The

adjacent property to the east is a five unit residential building. To the west is a parking lot. To the

southeast is a single family dwelling, and to the southwest is a commercial building.

ENVIRONMENTAL REVIEW

The Project is exempt from the California Environmental Quality Act (“CEQA”) as a Class 1 categorical

exemption.

HEARING NOTIFICATION

TYPE REQUIRED

PERIOD

REQUIRED NOTICE DATE

ACTUAL

NOTICE DATE

ACTUAL

PERIOD

Classified News Ad 20 days December 19, 2014 December 17, 2014 22 days

Posted Notice 20 days December 19, 2014 December 19, 2014 20 days

Mailed Notice 20 days December 19, 2014 December 19, 2014 20 days

PUBLIC COMMENT

To date, the Department has received no public comment.

ISSUES AND OTHER CONSIDERATIONS

The proposal to extend operating hours will not change the existing use on the project site

(restaurant) and will make the restaurant more consistent with the majority of other eating and

drinking establishments in the area in terms of operation hours. Additionally, since opening in

2012, there have been no complaints filed with the Planning Department, Department of Building

Inspection, or Police Department.

REQUIRED COMMISSION ACTION

In order for the project to proceed, the Commission must grant conditional use authorization under

Planning Code Section(s) 178, 186, and 303 to extend the hours of operation of an existing Limited

Commercial Use authorized as a restaurant (d.b.a. Regalito).

BASIS FOR RECOMMENDATION

The extension of hours of operation would add food service earlier in the day and no change to

the evening hours is proposed.

The added service would create additional employment opportunities.

The project promotes the continued operation of an established, locally-owned business and

contributes to the viability of the adjacent NCT Districts.

The project would not displace an existing retail tenant providing convenience goods and

services to the neighborhood, and would not result in a net increase in the number of restaurants

in the area.

The project meets all applicable requirements of the Planning Code.

The project is desirable for, and compatible with the surrounding neighborhood.

The business is not a Formula Retail use and would serve the immediate neighborhood.

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Executive Summary CASE NO. 2014.1547C

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RECOMMENDATION: Approval with Conditions

Attachments:

Zoning Map

Block Book Map

Sanborn Map

Aerial Photographs

Public Correspondence (see also Project Sponsor Submittal)

Project Sponsor Submittal, including:

- Correspondence in Support

- Site Photographs

- Reduced Plans

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Executive Summary CASE NO. 2014.1547C

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Attachment Checklist

Executive Summary Project sponsor submittal

Draft Motion Drawings: Existing Conditions

Environmental Determination Check for legibility

Zoning District Map Drawings: Proposed Project

Height & Bulk Map Check for legibility

Parcel Map 3-D Renderings (new construction or

significant addition)

Sanborn Map Check for legibility

Aerial Photo Wireless Telecommunications Materials

Context Photos Health Dept. review of RF levels

Site Photos RF Report

Community Meeting Notice

Housing Documents

Inclusionary Affordable Housing

Program: Affidavit for Compliance

Exhibits above marked with an “X” are included in this packet KJD ______

Planner's Initials

KJD: I:\Current Planning\SE Team\KDurandet\Conditional Use\3481 18th Street (Extended Hours of Operation)\Draft Documents

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www.sfplanning.org

Subject to: (Select only if applicable)

Affordable Housing (Sec. 415)

Jobs Housing Linkage Program (Sec. 413)

Downtown Park Fee (Sec. 412)

First Source Hiring (Admin. Code)

Child Care Requirement (Sec. 414)

Other

Planning Commission Draft Motion HEARING DATE: JANUARY 8, 2015

Date: December 31, 2014

Case No.: 2014.1547C

Project Address: 3481 18TH STREET

Zoning: RTO-Mission (Residential, Transit Oriented-Mission Neighborhood)

Mission Alcoholic Beverage Special Use District

55-X Height and Bulk District

Block/Lot: 3589/145

Project Sponsor: David Cumby

351 9th Street Ste. 301

San Francisco, CA 94103

Staff Contact: Kimberly Durandet – (415) 575-6816

[email protected]

ADOPTING FINDINGS RELATING TO THE APPROVAL OF CONDITIONAL USE

AUTHORIZATION PURSUANT TO SECTIONS 178(c), 186, AND 303 OF THE PLANNING CODE

TO EXTEND THE HOURS OF OPERATION OF AN EXISTING LIMITED COMMERCIAL USE

AUTHORIZED AS A RESTAURANT (D.B.A. REGALITO) WITHIN THE RTO-MISSION

(RESIDENTIAL, TRANSIT ORIENTED-MISSION NEIGHBORHOOD) ZONING DISTRICT AND

MISSION ALCOHOLIC BEVERAGE SPECIAL USE DISTRICT AND A 55-X HEIGHT AND BULK

DISTRICT.

PREAMBLE

On October 9, 2014 David Cumby (hereinafter “Project Sponsor”) filed an application with the Planning

Department (hereinafter “Department”) for Conditional Use Authorization under Planning Code

Section(s) 178, 186, and 303 to extend the hours of operation of an existing Limited Commercial Use

authorized as a restaurant (d.b.a. Regalito) within the RTO-Mission (Residential, Transit Oriented-

Mission Neighborhood) Zoning District and Mission Alcoholic Beverage Special Use District and 55-X

Height and Bulk District.

On January 8, 2015 the San Francisco Planning Commission (hereinafter “Commission”) conducted a

duly noticed public hearing at a regularly scheduled meeting on Conditional Use Application No.

2014.1547C.

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The Project is exempt from the California Environmental Quality Act (“CEQA”) as a Class 1 categorical

exemption.

The Commission has heard and considered the testimony presented to it at the public hearing and has

further considered written materials and oral testimony presented on behalf of the applicant, Department

staff, and other interested parties.

MOVED, that the Commission hereby authorizes the Conditional Use requested in Application No.

2014.1547C, subject to the conditions contained in “EXHIBIT A” of this Motion, based on the following

findings:

FINDINGS

Having reviewed the materials identified in the preamble above, and having heard all testimony and

arguments, this Commission finds, concludes, and determines as follows:

1. The above recitals are accurate and constitute findings of this Commission.

2. Site Description and Present Use. The project site is a 2,125 square foot lot located on the south

side of 18th Street, between Valencia and Lexington Streets. The lot is flat and has approximately

25 feet of frontage on 18th Street and lot depth of 85 feet. The property is developed with a ground

floor commercial unit and one residential unit on the second floor. The ground floor commercial

unit is approximately 1,376 square feet and is authorized as a Limited Commercial Use currently

operating as a restaurant (d.b.a. “Regalito”). The restaurant contains an outdoor seating area. The

property is located within the RTO-Mission (Residential, Transit-Oriented-Mission

Neighborhood) Zoning District and a 55-X Height and Bulk District.

3. Surrounding Properties and Neighborhood. The surrounding properties in the neighborhood

are located within the RTO-Mission (Residential, Transit Oriented-Mission Neighborhood), RH-3

(Residential House, Three-Family), Valencia NCT (Neighborhood Commercial Transit), and

Mission NCT Districts. The surrounding area consists of single, two, and three-family residential

buildings as well as commercial and a few industrial buildings which are predominately used as

auto repair facilities. The NCT Districts contain a mixture of food and beverage establishments,

personal services, small retail establishments, and other commercial uses. The adjacent property

to the east is a five unit residential building. To the west is a parking lot. To the southeast is a

single family dwelling, and to the southwest is a commercial building.

4. Project Description. The Project Sponsor proposes to extend the permitted hours of operation

for an existing restaurant d.b.a. “Regalito”. Current hours of operation are Monday through

Friday from 5:00pm to 10:00pm; Saturday and Sunday from 11:00am to 10:00pm. The Project

Sponsor proposes daily hours of operation from 9:00am to 10:00pm. No expansion to seating or

other changes are proposed.

5. Public Comment. The Department has received no public comment.

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6. Planning Code Compliance: The Commission finds that the Project is consistent with the

relevant provisions of the Planning Code in the following manner:

A. Hours of Operation. Planning Code Section 186(b)(3) states that hours of operation for

Limited Commercial Uses (LCU) shall be limited to the period between 6:00am and 10:00pm.

The hours of operation for the existing restaurant (d.b.a Regalito) are currently restricted by Planning

Commission Motion No. 18521 which limited the hours of operation Monday through Friday from

5:00pm to 10:00pm; Saturday and Sunday from 11:00am to 10:00pm. The Project Sponsor proposes

daily hours of operation from 9:00am to 10:00pm to be more consistent with the principally permitted

hours of operation allowed Limited Commercial Uses. However, because the original approval motion

limited the hours of operation, a new Conditional Use Authorization is required to amend the

Conditions of Approval to extend the hours of operation.

B. Street Frontage. Section 186(d) of the Planning Code requires that LCU’s shall comply with

Planning Code Section 145.1(c)(6) and (7). Frontages with active uses that must be fenestrated

with transparent windows and doorways for no less than 60 percent of the street frontage at

the ground level and allow visibility to the inside of the building. The use of dark or

mirrored glass shall not count towards the required transparent area. Any decorative railings

or grillwork, other than wire mesh, which is placed in front of or behind ground floor

windows, shall be at least 75 percent open to perpendicular view. Rolling or sliding security

gates shall consist of open grillwork rather than solid material, so as to provide visual interest

to pedestrians when the gates are closed, and to permit light to pass through mostly

unobstructed. Gates, when both open and folded or rolled as well as the gate mechanism,

shall be recessed within, or laid flush with, the building facade.

The subject commercial space has approximately 25 feet of frontage. The ground floor façade

fenestration and doorway to the restaurant entrance are clear and unobstructed. There are no changes

proposed to the commercial frontage.

C. The project is consistent with other Planning Code provisions, as applicable, as it is an

existing use.

7. Planning Code Section 303 establishes criteria for the Planning Commission to consider when

reviewing applications for Conditional Use approval. On balance, the project does comply with

said criteria in that:

A. The proposed new uses and building, at the size and intensity contemplated and at the

proposed location, will provide a development that is necessary or desirable, and compatible

with, the neighborhood or the community.

The proposed hours of operation for the restaurant will not impact traffic or parking in the District

because it is not a destination restaurant. The proposal increase food services available in the district

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and contribute to the economic vitality of the neighborhood. The project would also promote the

viability of a locally owned business.

B. The proposed project will not be detrimental to the health, safety, convenience or general

welfare of persons residing or working in the vicinity. There are no features of the project

that could be detrimental to the health, safety or convenience of those residing or working

the area, in that:

i. Nature of proposed site, including its size and shape, and the proposed size, shape and

arrangement of structures;

The height and bulk of the existing building will remain the same and will not alter the existing

appearance or character of the project vicinity. The proposed hours of operation will not affect the

building structure.

ii. The accessibility and traffic patterns for persons and vehicles, the type and volume of

such traffic, and the adequacy of proposed off-street parking and loading;

The Planning Code does not require parking or loading in the RTO-M District. The proposed use

is designed to meet the needs of the immediate neighborhood and should not generate significant

amounts of vehicular trips from the immediate neighborhood or citywide.

iii. The safeguards afforded to prevent noxious or offensive emissions such as noise, glare,

dust and odor;

The proposed increase hours of operation would only add additional meal services to an existing

restaurant. The Department has not received any complaints regarding the current operation.

iv. Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces,

parking and loading areas, service areas, lighting and signs;

The proposed restaurant does not require any additional tenant improvements.

C. That the use as proposed will comply with the applicable provisions of the Planning Code

and will not adversely affect the General Plan.

The Project complies with all relevant requirements and standards of the Planning Code and is

consistent with objectives and policies of the General Plan as detailed below.

D. That the use as proposed would provide development that is in conformity with the purpose

of the applicable Neighborhood Commercial District.

Although the project is not in a NC District, it abuts the Valencia Street NCT. The proposed project is

consistent with the stated purpose of such NC Districts in that the intended use is located at the

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ground floor and it will provide a compatible convenience service for the immediately surrounding

neighborhoods during daytime hours.

8. General Plan Compliance. The Project is, on balance, consistent with the following Objectives

and Policies of the General Plan:

NEIGHBORHOOD COMMERCE

Objectives and Policies

OBJECTIVE 1:

MANAGE ECONOMIC GROWTH AND CHANGE TO ENSURE ENHANCEMENT OF THE

TOTAL CITY LIVING AND WORKINIG ENVIRONMENT.

Policy 1.1:

Encourage development which provides substantial net benefits and minimizes undesirable

consequences. Discourage development that has substantial undesirable consequences that

cannot be mitigated.

Policy 1.2:

Assure that all commercial and industrial uses meet minimum, reasonable performance

standards.

The proposal to extend the hours of operation is intended to apply the same performance standard that is

applied to the majority of other businesses in the area and to give the restaurant more flexibility to help

ensure it maximizes net economic benefits to the area and City.

OBJECTIVE 2:

MAINTAIN AND ENHANCE A SOUND AND DIVERSE ECONOMIC BASE AND FISCAL

STRUCTURE FOR THE CITY.

Policy 2.1:

Seek to retain existing commercial and industrial activity and to attract new such activity to the

City.

The Project will retain an existing commercial activity and will enhance the diverse economic base of the

City.

OBJECTIVE 3:

PROVIDE EXPANDED EMPLOYMENT OPPORTNITIES FOR CITY RESIDENTS,

PARTICULARLY THE UNEMPLOYED AND ECONOMICALLY DISADVANTAGED.

Policy 3.1:

Promote measures designed to increase the number of San Francisco jobs held by San Francisco

residents.

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The proposed project will continue to provide enhanced opportunities for employment by adding additional

meal service increasing employment opportunities in the food service industry.

OBJECTIVE 6:

MAINTAIN AND STRENGTHEN VIABLE NEIGHBORHOOD COMMERCIAL AREAS EASILY

ACCESSIBLE TO CITY RESIDENTS.

Policy 6.1:

Ensure and encourage the retention and provision of neighborhood-serving goods and services in

the city’s neighborhood commercial districts, while recognizing and encouraging diversity

among the districts.

Policy 6.2:

Promote economically vital neighborhood commercial districts which foster small business

enterprises and entrepreneurship and which are responsive to the economic and technological

innovation in the marketplace and society.

The existing restaurant is located between the Mission and Valencia Street Neighborhood Commercial

Transit Districts. The proposed extension of hours of operation will increase services in this area and will

strengthen the viability of the commercial corridor. The business is currently owned and operated by a

local small business owner.

MISSION AREA PLAN

Objectives and Policies

OBJECTIVE 6.1

SUPPORT THE ECONOMIC WELLBEING OF A VARIETY OF BUSINESSES IN THE EASTERN

NEIGHBORHOODS.

POLICY 6.1.3

Provide business assistance for new and existing small businesses in the Eastern Neighborhoods.

The existing restaurant is located between the Mission and Valencia Street Neighborhood Commercial

Transit Districts. The proposed extension of hours of operation will increase services in this area and will

strengthen the viability of the commercial corridor. The business is currently owned and operated by a

local small business owner.

OBJECTIVE 6.2

INCREASE ECONOMIC SECURITY FOR WORKERS BY PROVIDING ACCESS TO SOUGHT-

AFTER JOB SKILLS.

POLICY 6.2.1

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Provide workforce development training for those who work in and live in the Eastern

Neighborhoods, particularly those who do not have a college degree.

The proposed project will continue to provide enhanced opportunities for employment by adding additional

meal service increasing employment opportunities in the food service industry which does not usually

require a college degree.

9. Planning Code Section 101.1(b) establishes eight priority-planning policies and requires review

of permits for consistency with said policies. On balance, the project does comply with said

policies in that:

A. That existing neighborhood-serving retail uses be preserved and enhanced and future

opportunities for resident employment in and ownership of such businesses be enhanced.

The proposal to extend operating hours to be consistent with other restaurants in the area will provide

the existing restaurant more flexibility in its operation to enhance its neighborhood-serving presence

on the corridor.

B. That existing housing and neighborhood character be conserved and protected in order to

preserve the cultural and economic diversity of our neighborhoods.

The proposal to extend operating hours will not change the existing use on the project site (restaurant)

and will make the restaurant more consistent with the majority of other eating and drinking

establishments in the area. Additionally, since opening in 2012, there have been no complaints filed

with the Planning Department, Department of Building Inspection, or Police Department.

C. That the City's supply of affordable housing be preserved and enhanced,

No housing is removed for this Project.

D. That commuter traffic not impede MUNI transit service or overburden our streets or

neighborhood parking.

The proposal to extend operating hours will not change the existing use on the project site (restaurant).

Therefore, there will be no significant increase in any type of traffic or parking associated with this use.

E. That a diverse economic base be maintained by protecting our industrial and service sectors

from displacement due to commercial office development, and that future opportunities for

resident employment and ownership in these sectors be enhanced.

The proposal to extend operating hours will not change the existing use on the project site (restaurant).

Ownership of industrial or service sector businesses will not be affected by this project. The project will

provide employment opportunity for local residents.

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F. That the City achieve the greatest possible preparedness to protect against injury and loss of

life in an earthquake.

The proposal to extend operating hours will not change the existing use on the project site (restaurant)

and will not include any new construction or alterations to the existing building.

G. That landmarks and historic buildings be preserved.

A landmark or historic building does not occupy the Project site.

H. That our parks and open space and their access to sunlight and vistas be protected from

development.

The project will have no negative impact on existing parks and open spaces. The Project does not have

an impact on open spaces.

10. The Project is consistent with and would promote the general and specific purposes of the Code

provided under Section 101.1(b) in that, as designed, the Project would contribute to the character

and stability of the neighborhood and would constitute a beneficial development.

11. The Commission hereby finds that approval of the Conditional Use authorization would promote

the health, safety and welfare of the City.

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DECISION

That based upon the Record, the submissions by the Applicant, the staff of the Department and other

interested parties, the oral testimony presented to this Commission at the public hearings, and all other

written materials submitted by all parties, the Commission hereby APPROVES Conditional Use

Application No. 2014.1547C subject to the following conditions attached hereto as “EXHIBIT A” in

general conformance with plans on file, dated October 9, 2014, and stamped “EXHIBIT B”, which is

incorporated herein by reference as though fully set forth.

APPEAL AND EFFECTIVE DATE OF MOTION: Any aggrieved person may appeal this Conditional

Use Authorization to the Board of Supervisors within thirty (30) days after the date of this Motion No.

XXXXX. The effective date of this Motion shall be the date of this Motion if not appealed (After the 30-

day period has expired) OR the date of the decision of the Board of Supervisors if appealed to the

Board of Supervisors. For further information, please contact the Board of Supervisors at (415) 554-

5184, City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102.

Protest of Fee or Exaction: You may protest any fee or exaction subject to Government Code Section

66000 that is imposed as a condition of approval by following the procedures set forth in Government

Code Section 66020. The protest must satisfy the requirements of Government Code Section 66020(a) and

must be filed within 90 days of the date of the first approval or conditional approval of the development

referencing the challenged fee or exaction. For purposes of Government Code Section 66020, the date of

imposition of the fee shall be the date of the earliest discretionary approval by the City of the subject

development.

If the City has not previously given Notice of an earlier discretionary approval of the project, the

Planning Commission’s adoption of this Motion, Resolution, Discretionary Review Action or the Zoning

Administrator’s Variance Decision Letter constitutes the approval or conditional approval of the

development and the City hereby gives NOTICE that the 90-day protest period under Government Code

Section 66020 has begun. If the City has already given Notice that the 90-day approval period has begun

for the subject development, then this document does not re-commence the 90-day approval period.

I hereby certify that the Planning Commission ADOPTED the foregoing Motion on January 8, 2015.

Jonas P. Ionin

Commission Secretary

AYES:

NAYS:

ABSENT:

ADOPTED:

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EXHIBIT A AUTHORIZATION

This authorization is for a conditional use to extend the hours of operation of an existing Limited

Commercial Use authorized as a restaurant (d.b.a. Regalito) located at 3481 18th Street, Block 3589 and

Lot 145 pursuant to Planning Code Section(s) 178, 186, and 303 within the RTO-Mission (Residential,

Transit Oriented-Mission Neighborhood) Zoning District and Mission Alcoholic Beverage Special Use

District and a 55-X Height and Bulk District and subject to conditions of approval reviewed and approved

by the Commission on January 8, 2015 under Motion No XXXXXX. This authorization and the conditions

contained herein run with the property and not with a particular Project Sponsor, business, or operator.

RECORDATION OF CONDITIONS OF APPROVAL

Prior to the issuance of the building permit or commencement of use for the Project the Zoning

Administrator shall approve and order the recordation of a Notice in the Official Records of the Recorder

of the City and County of San Francisco for the subject property. This Notice shall state that the project is

subject to the conditions of approval contained herein and reviewed and approved by the Planning

Commission on January 8, 2015 under Motion No. XXXXXX.

SEVERABILITY

The Project shall comply with all applicable City codes and requirements. If any clause, sentence, section

or any part of these conditions of approval is for any reason held to be invalid, such invalidity shall not

affect or impair other remaining clauses, sentences, or sections of these conditions. This decision conveys

no right to construct, or to receive a building permit. “Project Sponsor” shall include any subsequent

responsible party.

CHANGES AND MODIFICATIONS

Changes and modifications of conditions shall require Planning Commission approval of a new

Conditional Use authorization.

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Draft Motion

January 8, 2015

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CASE NO. 2014.1547C

3481 18th

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Conditions of Approval, Compliance, Monitoring, and Reporting

PERFORMANCE

1. Validity and Expiration. The authorization and right vested by virtue of this action is valid for

three years from the effective date of the Motion. Once hours of operation have commenced

pursuant to this Motion, said hours of operation shall be deemed vested and allowed to continue.

For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,

www.sf-planning.org.

MONITORING

2. Enforcement. Violation of any of the Planning Department conditions of approval contained in

this Motion or of any other provisions of Planning Code applicable to this Project shall be subject

to the enforcement procedures and administrative penalties set forth under Planning Code

Section 176 or Section 176.1. The Planning Department may also refer the violation complaints to

other city departments and agencies for appropriate enforcement action under their jurisdiction.

For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,

www.sf-planning.org

3. Revocation due to Violation of Conditions. Should implementation of this Project result in

complaints from interested property owners, residents, or commercial lessees which are not

resolved by the Project Sponsor and found to be in violation of the Planning Code and/or the

specific conditions of approval for the Project as set forth in Exhibit A of this Motion, the Zoning

Administrator shall refer such complaints to the Commission, after which it may hold a public

hearing on the matter to consider revocation of this authorization.

For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,

www.sf-planning.org

OPERATION

4. Hours of Operation. The subject establishment is limited to the following hours of operation:

The Project Sponsor proposes daily hours of operation from 9:00am to 10:00pm. The outdoor

activity area will operate in conjunction with the restaurant hours. No patron may remain in the

outdoor activity area after closing time. Staff may remain as necessary for cleaning and other

duties related to the operations of the outdoor activity area one hour past the closing hour stated

above. No employees may be in the outdoor activity area after the clean-up time.

For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,

www.sf-planning.org

5. Community Liaison. Prior to issuance of a building permit to construct the project and

implement the approved use, the Project Sponsor shall appoint a community liaison officer to

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Draft Motion

January 8, 2015

12

CASE NO. 2014.1547C

3481 18th

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deal with the issues of concern to owners and occupants of nearby properties. The Project

Sponsor shall provide the Zoning Administrator with written notice of the name, business

address, and telephone number of the community liaison. Should the contact information

change, the Zoning Administrator shall be made aware of such change. The community liaison

shall report to the Zoning Administrator what issues, if any, are of concern to the community and

what issues have not been resolved by the Project Sponsor.

For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,

www.sf-planning.org

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Zoning Map

SITE LOCATION

Conditional Use Authorization Case Number 2014.1547C 3481 18th Street

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Parcel Map SUBJECT PROPERTY

Conditional Use Authorization Case Number 2014.1547C 3481 18th Street

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*The Sanborn Maps in San Francisco have not been updated since 1998, and this map may not accurately reflect existing conditions.

Sanborn Map* SUBJECT PROPERTY

Conditional Use Authorization Case Number 2014.1547C 3481 18th Street

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Aerial Photo SUBJECT PROPERTY

Conditional Use Authorization Case Number 2014.1547C 3481 18th Street

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Aerial Photo 2

SUBJECT SITE

Conditional Use Authorization Case Number 2014.1547C 3481 18th Street

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Regalito - Outdoor Seating at Rear Yard Conditional Use Application October 9, 2014
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Regalito - Outdoor Seating at Rear Yard Conditional Use Application October 9, 2014
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Picture 2
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